1-1 By: Shapleigh S.B. No. 464
1-2 (In the Senate - Filed January 30, 2001; January 31, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 11, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 2; April 11, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 464 By: Shapleigh
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to determining the prevailing per diem wage rate to be
1-11 paid in connection with constructing a public work for the state.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivision (1), Section 2258.001, Government
1-14 Code, is amended to read as follows:
1-15 (1) "Locality in which the work is performed" means:
1-16 (A) for a contract for a public work awarded by
1-17 the state, the political subdivision of the state in which the
1-18 public work is located:
1-19 (i) (,) which may include a county,
1-20 municipality, county and municipality, or district, except as
1-21 provided by Subparagraph (ii); and
1-22 (ii) which, in a municipality with a
1-23 population of 500,000 or more, may only include the geographic
1-24 limits of the municipality; or
1-25 (B) for a contract for a public work awarded by
1-26 a political subdivision of the state, the geographical limits of
1-27 the political subdivision.
1-28 SECTION 2. Section 2258.022, Government Code, is amended to
1-29 read as follows:
1-30 Sec. 2258.022. DETERMINATION OF PREVAILING WAGE RATES.
1-31 (a) For a contract for a public work awarded by a political
1-32 subdivision of the state, the [A] public body shall determine the
1-33 general prevailing rate of per diem wages in the locality in which
1-34 the public work is to be performed for each craft or type of worker
1-35 needed to execute the contract and the prevailing rate for legal
1-36 holiday and overtime work by:
1-37 (1) conducting a survey of the wages received by
1-38 classes of workers employed on projects of a character similar to
1-39 the contract work in the political subdivision of the state in
1-40 which the public work is to be performed; or
1-41 (2) using the prevailing wage rate as determined by
1-42 the United States Department of Labor in accordance with the
1-43 Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its
1-44 subsequent amendments, if the survey used to determine that rate
1-45 was conducted within a three-year period preceding the date the
1-46 public body calls for bids for the public work.
1-47 (b) For a contract for a public work awarded by the state,
1-48 the public body shall determine the general prevailing rate of per
1-49 diem wages in the locality in which the public work is to be
1-50 performed for each craft or type of worker needed to execute the
1-51 contract and the prevailing rate for legal holiday and overtime
1-52 work as follows. The public body shall conduct a survey of the
1-53 wages received by classes of workers employed on projects of a
1-54 character similar to the contract work both statewide and in the
1-55 political subdivision of the state in which the public work is to
1-56 be performed. The public body shall also consider the prevailing
1-57 wage rate as determined by the United States Department of Labor in
1-58 accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et
1-59 seq.), and its subsequent amendments, but only if the survey used
1-60 to determine that rate was conducted within a three-year period
1-61 preceding the date the public body calls for bids for the public
1-62 work. The public body shall determine the general prevailing rate
1-63 of per diem wages in the locality based on the higher of the rate
1-64 determined from the statewide survey, the rate determined from the
2-1 survey conducted in the political subdivision, and, if applicable,
2-2 the rate determined by the United States Department of Labor.
2-3 (c) The public body shall determine the general prevailing
2-4 rate of per diem wages as a sum certain, expressed in dollars and
2-5 cents.
2-6 (d) [(c)] A public body shall specify in the call for bids
2-7 for the contract and in the contract itself the wage rates
2-8 determined under this section.
2-9 (e) [(d)] The public body's determination of the general
2-10 prevailing rate of per diem wages is final.
2-11 SECTION 3. This Act takes effect September 1, 2001. The
2-12 change in law made by this Act applies only to determining the
2-13 general prevailing rate of per diem wages in connection with a
2-14 contract for constructing a public work awarded by the state if the
2-15 state first requests bids or proposals for its contract on or after
2-16 that date.
2-17 * * * * *